Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 20

20. (1) Subject to sub-section (2), the Commission shall perform the functions
referred to in paragraph 11 (1) (f) when-

   (a)  the Commission is requested to do so by the Minister;

   (b)  a complaint is made in writing to the Commission alleging that an act
        or practice is inconsistent with or contrary to any human right; or

   (c)  it appears to the Commission to be desirable to do so.

(2) The Commission may decide not to inquire into an act or practice, or, if
the Commission has commenced to inquire into an act or practice, may decide
not to continue to inquire into the act or practice, if-

   (a)  the Commission is satisfied that the act or practice is not
        inconsistent with or contrary to any human right;

   (b)  the Commission is satisfied that the person aggrieved by the act or
        practice does not desire that the inquiry be held or continued; or

   (c)  in a case where a complaint has been made to the Commission in
        relation to the act or practice-

        (i)    the complaint was made more than 12 months after the act was
               done or after the last occasion when an act was done pursuant
               to the practice;

        (ii)   the Commission is of the opinion that the complaint is
               frivolous, vexatious, misconceived or lacking in substance;

        (iii)  where some other remedy has been sought in relation to the
               subject matter of the complaint - the Commission is of the
               opinion that the subject matter of the complaint has been
               adequately dealt with;

        (iv)   the Commission is of the opinion that some other more
               appropriate remedy in relation to the subject matter of the
               complaint is reasonably available to the person aggrieved by
               the act or practice;

        (v)    where the subject matter of the complaint has already been
               dealt with by the Commission or by another statutory authority
               - the Commission is of the opinion that the subject matter of
               the complaint has been adequately dealt with; or

        (vi)   the Commission is of the opinion that the subject matter of the
               complaint could be more effectively or conveniently dealt with
               by another statutory authority.

(3) The Commission shall, before the expiration of the period of 2 months
commencing when a complaint is made to the Commission in respect of an act or
practice, decide whether or not to inquire into the act or practice.

(4) Where the Commission decides not to inquire into, or not to continue to
inquire into, an act or practice in respect of which a complaint was made to
the Commission, the Commission shall forthwith give notice in writing to the
complainant of that decision and of the reasons for that decision.

(5) Where it appears to the Commission that-

   (a)  a person wishes to make a complaint to the effect that another person
        has done an act, or engaged in a practice, that is inconsistent with
        or contrary to any human right; and

   (b)  that person requires assistance to formulate the complaint or to
        reduce it to writing, it is the duty of the Commission to take
        reasonable steps to provide appropriate assistance to that person.

(6) A person who is detained in custody (in this sub-section and sub-section
(7) referred to as the "detainee") is entitled-

   (a)  upon making a request to the person (in this sub-section and
        sub-section
(7) referred to as the "custodian") in whose custody the detainee is detained,
or to any other person (in this sub-section and sub-section (7) referred to as
a "custodial officer") performing duties in connection with the detention-

        (i)    to be provided with facilities for preparing a complaint in
               writing under this Division, for giving in writing to the
               Commission, after the complaint has been made, any other
               relevant information and for enclosing the complaint or the
               other information (if any) in a sealed envelope; and

        (ii)   to have sent to the Commission, without undue delay, a sealed
               envelope delivered by the detainee to the custodian or to a
               custodial officer and addressed to the Commission; and

   (b)  to have delivered to the detainee, without undue delay, any sealed
        envelope, addressed to the detainee and sent by the Commission, that
        comes into the possession or under the control of the custodian or of
        a custodial officer.

(7) Where a sealed envelope addressed to the Commission is delivered by the
detainee to the custodian or to a custodial officer for sending to the
Commission, or a sealed envelope addressed to the detainee and sent by the
Commission comes into the possession or under the control of the custodian or
of a custodial officer, neither the custodian nor any custodial officer is
entitled to open the envelope or to inspect any document enclosed in the
envelope.

(8) For the purposes of sub-sections (6) and (7), the Commission may make
arrangements with the appropriate authority of a State or Territory for the
identification and delivery of sealed envelopes sent by the Commission to
persons detained in custody in that State or Territory.